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Scott McMillin
Partner
21st Floor
Chicago, IL 60606
The managing partner of Nelson Mullins' Chicago office, Scott has been a legal and business advisor to private and public companies for 25-plus years, handling complex commercial, product liability and toxic tort disputes, counseling on strategic business issues, internal investigations, and risk mitigation; and advising on restructuring and reorganization issues in the mass tort context.
Scott serves as co-chair...
The managing partner of Nelson Mullins' Chicago office, Scott has been a legal and business advisor to private and public companies for 25-plus years, handling complex commercial, product liability and toxic tort disputes, counseling on strategic business issues, internal investigations, and risk mitigation; and advising on restructuring and reorganization issues in the mass tort context.
Scott serves as co-chair of the firm's Securities and Corporate Governance Litigation Group and has built a nationwide commercial litigation practice representing pharmaceutical, chemical, and manufacturing clients in products liability lawsuits, commercial disputes, consumer class actions, fraud and contractual indemnity claims, toxic tort claims, trade secrets, and mass tort bankruptcies.
He also counsels private equity clients on issues arising in private equity transactions, including risk profiles of acquisition targets, due diligence requirements, internal investigations, compliance and risk management, and disputes relating to earn outs, purchase price adjustments, working capital, breaches of representations and warranties, and fraudulent inducement.
of the firm's Securities and Corporate Governance Litigation Group and has built a nationwide commercial litigation practice representing pharmaceutical, chemical, and manufacturing clients in products liability lawsuits, commercial disputes, consumer class actions, fraud and contractual indemnity claims, toxic tort claims, trade secrets, and mass tort bankruptcies.
He also counsels private equity clients on issues arising in private equity transactions, including risk profiles of acquisition targets, due diligence requirements, internal investigations, compliance and risk management, and disputes relating to earn outs, purchase price adjustments, working capital, breaches of representations and warranties, and fraudulent inducement.
Experience
Representative Matters
- Product Liability and Mass Torts
- Tried case for W.R. Grace limiting its aggregate asbestos personal injury liabilities to a fraction of the $5 billion sought. Developed epidemiology-based model to predict meritorious asbestos claims.
- Tried four-month toxic tort class action for chemical company client where damages exceeded $500 million. Obtained appellate court reversal of trial court judgment.
- Represented power sports manufacturer in dozens of product liability lawsuits relating to off-road vehicles.
- Represented a valve manufacturer in a product liability and recall litigation relating to field failures of gas-containing cylinders.
- Counseled medical device companies on management of products liability claims.
- Represented pharmaceutical companies in portfolios of products liability claims relating to sale of Darvon/Darvocet, Metformin and Valsartan/Losartan.
- Private Equity Disputes
- Defended private equity clients in breach of contract and fraud case seeking over $200 million in damages against allegations that portfolio company had been falsifying data sent to customers.
- Handled numerous working capital disputes, including arbitrating claims in front of Big 5 accounting arbitrators and obtained working capital awards for clients.
- Brought multiple breach of representations and warranties claims against insurers on behalf of private equity clients.
- Pursued a $100 million-plus fraud claim on behalf of a private equity purchaser after discovery that the former finance director had been manipulating earnings.
- Environmental and Toxic Torts
- Led scientific defense in three-month trial of the United States largest ever Clean Air Act criminal prosecution against W.R. Grace. Obtained an acquittal of all defendants on all counts.
- Defeated preliminary injunction seeking to shut down construction of wind farm on behalf of power generation company.
- Defeated groundwater and sediment contamination class actions on behalf of chemical manufacturers.
- Defended petroleum refiner from EPA action seeking over $10 million for Clean Water Act violations.
- Defended utilities and chemical manufacturers in multiple CERCLA actions relating to tar refining and chemical manufacturing operations.
- Restructuring Litigation
- Managed pension liability litigation in Hawker Beechcraft’s bankruptcy.
- Handled restructuring of Black News Channel and sale of its assets as an operating concern.
- Represented client in bid to purchase auto parts business from Takata as part of its restructuring.
- Handled asbestos litigation in the mass tort bankruptcies of W.R. Grace and Combustion Engineering.
Previous Professional Experience
- Partner, Chicago office of a National Law Firm (2020–2023)
- Partner, Chicago office of a National Law Firm (1997–2020)
Education
-
Harvard Law School,
JD,
magna cum laude
- President, Board of Student Advisors
- Harvard Environmental Law Review
-
Williams College,
BA,
Geology and Environmental Studies,
magna cum laude
- Phi Beta Kappa
- David N. Major Award for Outstanding Senior in Geology
Admissions
- Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the Seventh Circuit
Clerkships
- the Honorable Rudi M. Brewster, U.S. District Court for the Southern District of California (1996 - 1997)
Practice Areas
- Commercial Litigation & Business Torts
- Consumer Product Safety, Risk Prevention & Regulatory Compliance
- Products Liability
- Class Action & Multi-Claim Litigation
- Products Liability - Automotive
- Products Liability - Pharmaceuticals & Medical Devices
- Toxic Torts/Asbestos
- Bankruptcy & Insolvency Related Litigation
- Products Liability - Consumer & Mechanical
- Securities and Corporate Governance
Representative Matters
- Product Liability and Mass Torts
- Tried case for W.R. Grace limiting its aggregate asbestos personal injury liabilities to a fraction of the $5 billion sought. Developed epidemiology-based model to predict meritorious asbestos claims.
- Tried four-month toxic tort class action for chemical company client where damages exceeded $500 million. Obtained appellate court reversal of trial court judgment.
- Represented power sports manufacturer in dozens of product liability lawsuits relating to off-road vehicles.
- Represented a valve manufacturer in a product liability and recall litigation relating to field failures of gas-containing cylinders.
- Counseled medical device companies on management of products liability claims.
- Represented pharmaceutical companies in portfolios of products liability claims relating to sale of Darvon/Darvocet, Metformin and Valsartan/Losartan.
- Private Equity Disputes
- Defended private equity clients in breach of contract and fraud case seeking over $200 million in damages against allegations that portfolio company had been falsifying data sent to customers.
- Handled numerous working capital disputes, including arbitrating claims in front of Big 5 accounting arbitrators and obtained working capital awards for clients.
- Brought multiple breach of representations and warranties claims against insurers on behalf of private equity clients.
- Pursued a $100 million-plus fraud claim on behalf of a private equity purchaser after discovery that the former finance director had been manipulating earnings.
- Environmental and Toxic Torts
- Led scientific defense in three-month trial of the United States largest ever Clean Air Act criminal prosecution against W.R. Grace. Obtained an acquittal of all defendants on all counts.
- Defeated preliminary injunction seeking to shut down construction of wind farm on behalf of power generation company.
- Defeated groundwater and sediment contamination class actions on behalf of chemical manufacturers.
- Defended petroleum refiner from EPA action seeking over $10 million for Clean Water Act violations.
- Defended utilities and chemical manufacturers in multiple CERCLA actions relating to tar refining and chemical manufacturing operations.
- Restructuring Litigation
- Managed pension liability litigation in Hawker Beechcraft’s bankruptcy.
- Handled restructuring of Black News Channel and sale of its assets as an operating concern.
- Represented client in bid to purchase auto parts business from Takata as part of its restructuring.
- Handled asbestos litigation in the mass tort bankruptcies of W.R. Grace and Combustion Engineering.
Previous Professional Experience
- Partner, Chicago office of a National Law Firm (2020–2023)
- Partner, Chicago office of a National Law Firm (1997–2020)
Media
Recognitions
- Law360 Rising Star, Product Liability Litigation (2010)
Community
- President of the Board, West Suburban Humane Society, Downers Grove, Illinois
- Managed voter protection project during 2018 mid-term elections
- Pro bono advocate for prisoners’ rights
The managing partner of Nelson Mullins' Chicago office, Scott has been a legal and business advisor to private and public companies for 25-plus years, handling complex commercial, product liability and toxic tort disputes, counseling on strategic business issues, internal investigations, and risk mitigation; and advising on restructuring and reorganization issues in the mass tort context.
Scott serves as co-chair... of the firm's Securities and Corporate Governance Litigation Group and has built a nationwide commercial litigation practice representing pharmaceutical, chemical, and manufacturing clients in products liability lawsuits, commercial disputes, consumer class actions, fraud and contractual indemnity claims, toxic tort claims, trade secrets, and mass tort bankruptcies.
He also counsels private equity clients on issues arising in private equity transactions, including risk profiles of acquisition targets, due diligence requirements, internal investigations, compliance and risk management, and disputes relating to earn outs, purchase price adjustments, working capital, breaches of representations and warranties, and fraudulent inducement.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Representative Matters
- Product Liability and Mass Torts
- Tried case for W.R. Grace limiting its aggregate asbestos personal injury liabilities to a fraction of the $5 billion sought. Developed epidemiology-based model to predict meritorious asbestos claims.
- Tried four-month toxic tort class action for chemical company client where damages exceeded $500 million. Obtained appellate court reversal of trial court judgment.
- Represented power sports manufacturer in dozens of product liability lawsuits relating to off-road vehicles.
- Represented a valve manufacturer in a product liability and recall litigation relating to field failures of gas-containing cylinders.
- Counseled medical device companies on management of products liability claims.
- Represented pharmaceutical companies in portfolios of products liability claims relating to sale of Darvon/Darvocet, Metformin and Valsartan/Losartan.
- Private Equity Disputes
- Defended private equity clients in breach of contract and fraud case seeking over $200 million in damages against allegations that portfolio company had been falsifying data sent to customers.
- Handled numerous working capital disputes, including arbitrating claims in front of Big 5 accounting arbitrators and obtained working capital awards for clients.
- Brought multiple breach of representations and warranties claims against insurers on behalf of private equity clients.
- Pursued a $100 million-plus fraud claim on behalf of a private equity purchaser after discovery that the former finance director had been manipulating earnings.
- Environmental and Toxic Torts
- Led scientific defense in three-month trial of the United States largest ever Clean Air Act criminal prosecution against W.R. Grace. Obtained an acquittal of all defendants on all counts.
- Defeated preliminary injunction seeking to shut down construction of wind farm on behalf of power generation company.
- Defeated groundwater and sediment contamination class actions on behalf of chemical manufacturers.
- Defended petroleum refiner from EPA action seeking over $10 million for Clean Water Act violations.
- Defended utilities and chemical manufacturers in multiple CERCLA actions relating to tar refining and chemical manufacturing operations.
- Restructuring Litigation
- Managed pension liability litigation in Hawker Beechcraft’s bankruptcy.
- Handled restructuring of Black News Channel and sale of its assets as an operating concern.
- Represented client in bid to purchase auto parts business from Takata as part of its restructuring.
- Handled asbestos litigation in the mass tort bankruptcies of W.R. Grace and Combustion Engineering.
Previous Professional Experience
- Partner, Chicago office of a National Law Firm (2020–2023)
- Partner, Chicago office of a National Law Firm (1997–2020)
Education
-
Harvard Law School,
JD,
magna cum laude
- President, Board of Student Advisors
- Harvard Environmental Law Review
-
Williams College,
BA,
Geology and Environmental Studies,
magna cum laude
- Phi Beta Kappa
- David N. Major Award for Outstanding Senior in Geology
Admissions
- Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the Seventh Circuit
Clerkships
- The Honorable Rudi M. Brewster, U.S. District Court for the Southern District of California (1996 - 1997)
Practice Areas
- Commercial Litigation & Business Torts
- Consumer Product Safety, Risk Prevention & Regulatory Compliance
- Products Liability
- Class Action & Multi-Claim Litigation
- Products Liability - Automotive
- Products Liability - Pharmaceuticals & Medical Devices
- Toxic Torts/Asbestos
- Bankruptcy & Insolvency Related Litigation
- Products Liability - Consumer & Mechanical
- Securities and Corporate Governance
Industries
- Law360 Rising Star, Product Liability Litigation (2010)
- President of the Board, West Suburban Humane Society, Downers Grove, Illinois
- Managed voter protection project during 2018 mid-term elections
- Pro bono advocate for prisoners’ rights
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